Know your rights and responsibilities in the employee accommodation process.
Understanding Your Rights
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Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, employees with disabilities have key rights and protections in the workplace. Here’s an overview of those rights:
- Protection from Discrimination
- Employers cannot discriminate against qualified individuals with disabilities in hiring, promotion, firing, compensation, or any other aspect of employment.
- Right to Reasonable Accommodations
- Employees with disabilities have the right to request reasonable accommodations that enable them to perform essential job functions.
- Examples include:
- Modified work schedules
- Assistive technology
- Remote work options
- Accessible workspaces
- Employers must provide accommodations unless they cause an undue hardship (significant difficulty or expense).
- Right to Confidentiality
- Employers must keep medical information confidential and separate from general personnel files.
- Information can only be shared with supervisors or safety personnel on a need-to-know basis.
- Protection from Retaliation
- Employers cannot retaliate against employees for requesting accommodations, filing a complaint, or exercising their rights under the ADA or Section 504.
- Coverage Under Section 504
- If you work for a federally funded employer, Section 504 provides similar protections as the ADA.
- It applies to federal agencies, public schools, universities, and organizations receiving federal grants.
Understanding Your Responsibilities
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Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, employees with disabilities also have responsibilities to ensure a fair and cooperative workplace. Here are the key responsibilities:
- Requesting Accommodations
- Employees must inform their employer if they need a reasonable accommodation to perform their job.
- This request can be made in writing or verbally, but clear communication helps ensure timely and appropriate adjustments.
- Employees should be prepared to discuss how their disability affects their job and suggest possible accommodations.
- Providing Necessary Documentation
- Employers may request reasonable medical documentation to confirm the need for an accommodation.
- Employees should provide this documentation in a timely manner and work with their employer to determine an appropriate accommodation.
- Engaging in the Interactive Process
- Employees should actively participate in discussions with their employer about accommodation options.
- If a suggested accommodation does not work, employees should communicate their concerns and explore alternatives.
- Meeting Essential Job Functions
- Employees must be able to perform the essential functions of their job, with or without reasonable accommodations.
- The ADA and Section 504 do not require employers to remove essential job duties or lower performance standards.
- Following Workplace Policies
- Employees with disabilities must adhere to workplace rules, policies, and conduct standards that apply to all employees.
- Reasonable accommodations may be provided to help meet these expectations, but they do not exempt employees from following company policies.
- Reporting Discrimination or Retaliation
- If an employee experiences discrimination or retaliation for requesting an accommodation, they should report it to the Office of Equal Opportunity.
More about your responsibilities in the employee accommodation process.